DCIT, CC-2, JAIPUR vs. SHRI VIMAL CHAND SURANA(HUF), JAIPUR

In the result, the appeal of the revenue stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

u/s 148 reopen the assessment of those six assessment year which falls within the exclusive jurisdiction of section 153A. Though, both provisions of the Act empowers the Assessing Officer to assess or reassess the income escaped from assessment, both sections are dealing with different situations. Section 147

SHRI MADHO LAL SAINI,JAIPUR vs. ITO, WARD-2(3), JAIPUR

In the result, the appeals of the assessees are allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

u/s 148 reopen the assessment of those six assessment year which falls within the exclusive jurisdiction of section 153A. Though, both provisions of the Act empowers the Assessing Officer to assess or reassess the income escaped from assessment, both sections are dealing with different situations. Section 147

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

reopening and reassessment u/s 147 of the Act ignoring that the\nreason to belief of the AO is founded on information which has been received by\nthe AO after completion of assessment

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

u/s 148 of the Act.\n\n1.3 Accordingly, the Learned AO reopened the assessment in the present case, believing that\nlong term capital gain amounting to Rs.15,95,000/- was earned by the appellant during relevant\n assessment year. However, the grounds for reopening the assessment were fundamentally wrong.\nAs such, no long term capital gains were earned

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

reopening and reassessment u/s 147 of the Act ignoring that the\nreason to belief of the AO is founded on information which has been received by\nthe AO after completion of assessment

ASHOK SHARMA,KOTA vs. DY. COMMISSIONER OF INCOME TAX CIRCLE-2 - KOTA, KOTA

147. If the Assessing Officer has reason to believe that any income chargeable to\ntax has escaped assessment for any assessment year, he may, subject to the provisions of\nsections 148 to 153, assess or reassess such income and also any other income chargeable\nto tax which has escaped assessment and which comes to his notice subsequently in the\ncourse

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

reopening and reassessment u/s 147 of the Act ignoring that the\nreason to belief of the AO is founded on information which has been received by\nthe AO after completion of assessment

PRADEEP KUMAR,JHUJHUNU vs. ITO WARD -2, JHUJHUNU

In the result, appeal of the assessee is allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

Reassessment—Escapement of income—Case of assessee was reopened u/s. 147 for deposits in bank amounting Rs.11,00,000—Held, Bombay High Court in case of CIT vs. Jet Airways (I) Ltd., 331 ITR 236 has held that sec. 147 has this effect that AO has to assess

SH. KAPIL TANEJA,JAIPUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassessment u/s 147 is bad in law and deserves to be quashed. 1.3 Without prejudice to above, that, the Ld. CIT(A) further erred in confirming the action of ld. AO in reopening the assessment

DCIT, CENTRAL CIRCLE-2, JAIPUR vs. SHRI PRAKASH CHAND KOTHARI, JAIPUR

In the result, appeal of the assessee is allowed

reopening the assessment u/s 147 instead of section 153C of the Income Tax Act, 1961. The action of the ld. AO is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the reassessment

SHRI PRAKASH CHAND KOTHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

reopening the assessment u/s 147 instead of section 153C of the Income Tax Act, 1961. The action of the ld. AO is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the reassessment

ANUSHA FINVEST PVT LTD ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

reassessment proceedings. The ratio of the Jurisdictional High Court in the case of Coronation Agro Industries Ltd. (supra) is squarely applicable to the facts of the present case. Accordingly, I am of the considered opinion that the re-assessment proceedings initiated u/s 147 is bad in law. Therefore, the assessment made by the Assessing Officer becomes nullity in law. Thus

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

147. If such notice is issued on an incorrect or invalid\nPAN, it renders the entire reassessment proceedings null and void ab initio.\nConsequently, the assessment order framed u/s 147/144 dated 28.03.2022 is without\njurisdiction and liable to be quashed.\n4.3 The settled legal position is that jurisdiction to reopen

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

147. If such notice is issued on an incorrect or invalid\nPAN, it renders the entire reassessment proceedings null and void ab initio.\nConsequently, the assessment order framed u/s 147/144 dated 28.03.2022 is without\njurisdiction and liable to be quashed.\n4.3 The settled legal position is that jurisdiction to reopen

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

reassess total income for entire six years block assessment period even in case of completed/unabated assessment. In respect of completed assessments/unabated assessments no addition can be made by Assessing Officer in absence of any incriminating material found during course of search under section 132 or requisition under section 132A. Completed/unabated assessments can be reopened by Assessing Officer in exercise

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

147. If such notice is issued on an incorrect or invalid\nPAN, it renders the entire reassessment proceedings null and void ab initio.\nConsequently, the assessment order framed u/s 147/144 dated 28.03.2022 is without\njurisdiction and liable to be quashed.\n4.3 The settled legal position is that jurisdiction to reopen

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

147. If such notice is issued on an incorrect or invalid\nPAN, it renders the entire reassessment proceedings null and void ab initio.\nConsequently, the assessment order framed u/s 147/144 dated 28.03.2022 is without\njurisdiction and liable to be quashed.\n\n4.3 The settled legal position is that jurisdiction to reopen

TIJARIA POLYPIPES LIMITED,JAIPUR vs. DCIT CIRLCE 4, JAIPUR

reassessment order deserves to be held\nbad in law and additions thereof deserves to be deleted.\n1.2 That the Id. CIT(A) has further erred in confirming the reopening proceedings\ninitiated u/s 148 after four years from the end of relevant assessment year.\nwherein assessment stood completed u/s 143(3) of the Act, after complete\nverification of all details. Appellant